Module 1 - LAWS-1030 - Contracts in Society - PDF

Module 1 Contracts in Society LAWS-1030 Professor Josh Haug 1 The Law of Contract Its Origin and Modern Components 2 Today’s Outcomes A brief summary of the historical de...

Module 1 Contracts in Society LAWS-1030 Professor Josh Haug 1 The Law of Contract Its Origin and Modern Components 2 Today’s Outcomes A brief summary of the historical development of today’s legal system Modern Canadian law and our legal system Common Law and Statue Law Wrap-up with reading and Tutorial prep 3 1  Module 1 Some History 4 What is ‘The Law’? Law is a system of Lady Justice, a goddess symbolizing justice who rules that are bears a sword symbolizing the coercive created power of a tribunal, scales and enforced representing an objective standard by through social or which competing claims are weighed, and a governmental blindfold indicating that justice should be institutions to impartial and meted out objectively, without fear regulate behavior(1) or favor and regardless of money, wealth, power or identity.(2) Sources: (1) Luban, David (2001). "Law's Blindfold". Conflict of Interest in the Professions. Oxford University Press (2) Robertson, Geoffrey (2006). Crimes Against Humanity. Penguin 5 The Super-duper Brief History Small villages to City States The Romans and Lex Romana Fall of the Romans / Invasions / Norman takeover Justices of the Royal Court Sir William Blackstone 6 2  Module 1 Before Blackstone… Centuries passed… and a lot happened: Canon Law – The church and religion, family and marriage matters Law Merchant – Commerce and Trade Law of Equity – The Kings rulings But finally… Blackstone 7 The Law for Everyone Blackstone writes ‘Commentaries on the Laws of England’ – 4 Volumes The Rights of Persons The Rights of Things Of Public Wrongs Of Private Wrongs Designed to provide a complete overview of English Law 8 The Rights of Persons Dealt with a citizens Civil Duties, and individual Rights Family Law Employment Law Many of the elements discussed in The Rights of Persons are captured in modern Constitutional Law 9 3  Module 1 The Rights of Things Dealt primarily with Real Property Did not deal with Personal Property or ‘Chattels’ There are many laws that deal with property such as Property Law 10 Of Public Wrongs Blackstone addressed criminal law as it then stood In modern terms we can still see this as Criminal Law 11 Of Private Wrongs Dealt with ‘Torts’ “…is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the tortious act.”(1) Tort Law exists today with intentional and unintentional torts. Contract Law also exists today. Sources: (1) https://en.wikipedia.org/wiki/Tort 12 4  Module 1 1867 – The British North American Act Modern Canada was founded in 1867 when four British colonies in North America decided to unite and form a single, self-governing confederation The above was a British law that outlined the terms and structure of this union (Canada) for 120 yrs… 1982 – The Canada Act was a formal act of parliament that gave Canada full legislative independence from the United Kingdom 13 Where we are today 14 The Canadian Constitution The Canada Act (or Constitution Act) – also created our Constitution of Canada It is the supreme law in Canada. It outlines Canada's system of government and the civil and human rights of those who are citizens of Canada 15 5  Module 1 What is a Constitution? “The basis upon which a state is organized, and the powers of its government defined.” (1) Sources: (1) Business Law Principles and Cases Page 14. 16 Our Charter The Canadian Charter of Rights and Freedoms is part of our Constitution - 1982 It sets out the rights and freedoms of Canadians and establishes the organization and jurisdiction of the federal and provincial governments 17 Modern Canadian Law Broadly broken down into Common Law, Statute Law, and Administrative Law All laws are governed by the Constitution of Canada which includes the Canadian Charter of Rights and Freedoms… 18 6  Module 1 What is Common Law? “…is that body of law derived from judicial decisions of courts and similar tribunals.”(1) …Laws made by judges. Based on the doctrine of stare decisis “to let a decision stand” Laws established by precedent Sources: (1) https://en.wikipedia.org/wiki/Common_law 19 Adaptability The Common Law has the ability to adapt and absorb many legal principles from other legal systems and sources Canon Law, Law Merchant, and the Law of Equity have all been absorbed into the Common Law over time 20 What is Statute Law? Law (or Statutes) enacted by legislature or the legislative process Federal, Provincial and Municipal jurisdictions Enacted Statutes affects the residents of a given province or all residents of Canada (provincial vs federal) This process creates an ‘Act’ 21 7  Module 1 Wait… what is Legislature? Legislator – A person who makes laws, part of a legislative body – usually someone elected in a democracy A proposed Statute Law is presented to a legislative body (House of Commons or the Legislative Assembly of Ontario) Once passed these Statutes become law Ex – Access to Information Act 22 What is Administrative Law? Body of law that regulates the operation and procedures of government agencies. Generally when Statutes are enacted their regulations are enforced through administrative bodies 23 Laws Classified… The different laws in Common Law and Statute Law can be separated into: Substantive Laws – rights and duties of individuals Procedural Laws – procedures to enforce your substantive rights 24 8  Module 1 Substantive Law Also can be broken down into Public and Private Law Public Law – Laws relating to the relationship between the individual and the government – Ex - Highway Traffic Act Private Law – The relationship between individuals, the laws relating to rights and duties, and the laws created by themselves! 25 Contract Law – We’re Here! The law of Contract is considered Private Law Canadian Contract Law has its foundation in the English legal tradition and remains largely rooted in the old English Common Law Contracts are private matters between individuals (and corporations) Therefore, they fall under the “private” law category or ‘the common law’ and its precedents 26 Therefore Contract Law Is the branch of the law which establishes the circumstances in which a promise shall be legally binding on the persons making it… 27 9  Module 1 Wrap Up… 28 Key Concepts! Common Law Statute Law Definition of ‘Contract Law’ 29 For Next Class Go to FOL: Review Reading Assignment #1 Be prepared for Tutorial #1 30 10  Module 1 Next Class Chapter 1 Tutorial 31 11